Talespin: Police commissioner has no real power

The Troy Council will, in all likelihood, approve the nomination of former Assistant Chief Tony Magnetto as police commissioner on Thursday and he will be the new head of the city's Police Department, usurping Chief John Tedesco.

As I've written, it will be interesting to see how the two get along, or if they get along at all because if they can it will do nothing but benefit the city. I have no confidence of that happening.

To add another twist to this soap opera, it was pointed out to me by someone who knows the city Charter as well as anyone alive -- probably because he wrote most of it - that a police commissioner has no real power if there isn't a public safety commissioner.

The Charter reads: "Notwithstanding the above, the Mayor may appoint a Police Commissioner who shall be the Deputy Public Safety Commissioner and shall assume all the powers of the Public Safety Commissioner whenever he or she is absent or unavailable. If the Mayor appoints a Police Commissioner, then the position of Public Safety Commissioner shall not pay any salary."

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The "notwithstanding above" refers to the section of the charter that says "There shall be a Commissioner of Public Safety, who shall be head of the Department of Public Safety and shall have supervision and control of the Bureau of Police, the Bureau of Fire and the Bureau of Weights and Measures and a Bureau of Emergency Communications."

But there isn't a public safety commissioner for the police commissioner to fill in for so how can the police commissioner, Magnetto, have any power at all? He really doesn't according to the charter.

I know it's a nuance but it's still the city Charter and if Tedesco had a good attorney -- wait, he does, none other than E. Stewart Jones -- he could really cause a stink if he doesn't like the way things are going.

Actually, there are other nuances in the charter including the fact the Police and Fire department aren't really departments but bureaus under what is known as a Public Safety Department, and that means the mayor really has no control unless he appoints a public safety commissioner, which according to the charter he "shall" do but says he "may" appoint a police commissioner.

This one is not going to be pretty.

A little bit of history. When then Mayor Mark Pattison appointed Mark Whitman as public safety commissioner the late 90s Marcie Haskell -- God bless her gadfly soul -- discovered and brought to light that a public safety commissioner wasn't eligible for the police retirement system because it's a civilian position. Whitman, unlike Magnetto, who is already retired and doesn't have to worry about such things while making $30,000 and still get his full pension, wanted to get his time in so Pattison created the position of police commissioner, which is in the retirement system, for Whitman in 1998.

The bottom line is Magnetto, under the Charter, has no authority to do anything as a police commissioner without having a public safety commissioner.

Only in Troy.

He's back

Tom Connolly, the longtime Rensselaer County political operative, for Democrats and Republicans, and who is vice chairman of the state Independence Party got a new job with Sen. Phil B, of the Fourth Senate District in Suffolk County.

Connolly was working for Sen. Karl Krueger, who pled guilty to conspiracy charges, before he got laid off from his $100,000 job in 2011 and he also got kind of jammed up with the whole Independence Party allegedly stealing money from New York City Mayor Mike Bloomberg.

Now, it has been reported, he makes $75,000 for a senator in Suffolk County. It matters less what the North Greenbush resident knows about Suffolk County than what the Independence Party endorsement is worth to Republicans.

As I've written again and again for years and years, if we abolish the ability of minor party lines to cross endorse major party candidates and all this chicanery goes away.

I have nothing against Connolly, who cut his teeth under legendary politician Ed McDonough Sr. He is one of the smartest operatives I've ever talked to, which is probably why he was making six figures and is now making $75,000 but it's taxpayer dollars we are talking about and as far as I know for no other reason than delivering the Independence Party line.

District 3

Carmella Mantello, who ran for mayor twice, is looking at a run at the Troy City Council in her home District 3.

The Sycaway neighborhood is currently well represented by Dean Bodnar, another Republican, but Mantello is not ruling out a primary saying "I'm always one to leave doors open to my future."

A benefit

Jennifer Turner, a longtime Rensselaer County employee, is holding a benefit to help out the victims of the Newtown massacre at Bogies over in Albany on Saturday night starting at 7 p.m.

It will feature five hardcore bands and while I'm not really into hardcore I will go and chip in the $10 cover charge for the cause. I will not, however, despite prodding from one of her co-sponsors. Lansingburgh native Paul Garhartt, be getting into the mosh pit.

Email Turner at bigjenmac@aol.com if you wanna help our Rensselaer County help out Newtown or if you are a business who wants to donate a product or service to raffle off.